[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Proposed Rules]
[Pages 45420-45421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18180]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0072; 4500030113]
RIN 1018-AY10
Endangered and Threatened Wildlife and Plants; Threatened Status
for the Bi-State Distinct Population Segment of Greater Sage-Grouse
With Special Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our October 28, 2013,
proposed rule to list the bi-State distinct population segment (DPS) of
greater sage-grouse (Centrocercus urophasianus) as threatened under the
Endangered Species Act of 1973, as amended, with a special rule. We are
taking this action based on new information received regarding
population trends, and recent State and Federal agency funding and
staffing commitments for various conservation efforts associated with
the Bi-State Action Plan, making it necessary to solicit feedback by
reopening the comment period for 30 days. Comments previously submitted
need not be resubmitted, as they will be fully considered in
preparation of the final listing determination. We anticipate
publishing a final listing determination on or before April 28, 2015.
DATES: The comment period for the proposed rule published in the
Federal Register on October 28, 2013 (78 FR 64358), is reopened. We
will consider comments received or postmarked on or before September 4,
2014. Comments submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES section, below) must be received by 11:59 p.m.
Eastern Time on the closing date. Any comments that we receive after
the closing date may not be considered in the final decision on this
action.
ADDRESSES: Document availability: You may obtain copies of the proposed
rule and associated documents and letters discussed in this supplement
to the proposed rule on the Internet at http://www.regulations.gov at
Docket No. FWS-R8-ES-2013-0072, or contact the U.S. Fish and Wildlife
Service, Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Written comments: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0072,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate the document. You may submit
a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2013-0072; U.S. Fish and Wildlife Service
Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Information Requested section below for more information).
FOR FURTHER INFORMATION CONTACT: For information on the proposed
listing rule, proposed special rule, and proposed critical habitat
designation, contact Edward D. Koch, State Supervisor, U.S. Fish and
Wildlife Service, Nevada Fish and Wildlife Office, 1340 Financial
Boulevard, Suite 234, Reno, NV 89502; telephone 775-861-6300; or
facsimile 775-861-6301. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2013, we published a proposed rule to list the bi-
State DPS of greater sage-grouse (Centrocercus urophasianus) in
California and Nevada as a threatened species under the Endangered
Species Act of 1973, as amended (Act) (78 FR 64358), with a special
rule. We concurrently published a proposed rule to designate critical
habitat (78 FR 64328). We received requests to extend the public
comment periods on the rules beyond the December 27, 2013, due date. In
order to ensure that the public had an adequate opportunity to review
and comment on our proposed rules, we extended the comment periods for
an additional 45 days to February 10, 2014 (78 FR 77087; December 20,
2013).
On April 8, 2014, we reopened the comment period on our October 28,
2013, proposed rule to list the bi-State DPS, the special rule, and the
proposed critical habitat rule (79 FR 19314). We also announced two
public hearings that were subsequently postponed (79 FR 26684, May 9,
2014) to May 28, 2014, and May 29, 2014, respectively. The April 8,
2014, document also announced a 6-month extension of the final
determination of whether or not to list the bi-State DPS as a
threatened species, which will automatically delay any decision we make
regarding critical habitat for the bi-State DPS. The comment period was
reopened and extended to June 9, 2014, and our decision to delay the
final listing action was because of substantial disagreement regarding
the sufficiency or accuracy of the available data relevant to the
proposed listing, making it necessary to solicit additional
information. Thus, we announced that we will publish a listing
determination on or before April 28, 2015. On June 3, 2014, we
announced an extension of the comment period on the proposed critical
habitat rule (79 FR 31901), the availability of a draft economic
analysis of the proposed designation of critical habitat for the bi-
State DPS, and an amended required determinations section of the
proposed critical habitat rule (available on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0042).
Since publication of the proposed listing rule, we have received
new information on the population trends of the bi-State DPS. The
publication models population growth and trajectory of the bi-State DPS
across its range as well as within individual subpopulations contained
within the DPS. These data may characterize risk to the bi-State DPS
and predict future population trends. This information is available on
the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-
2013-0072).
In addition to this new trend information, we have continued to
work closely with our interagency partners to implement and plan
conservation actions that benefit the bi-State DPS and its habitat.
These conservation efforts are embodied primarily in the formalized Bi-
State Action Plan (Bi-State Technical Advisory Committee 2012), which
is a multiagency management plan that outlines approximately 80
specific actions
[[Page 45421]]
needed to address ongoing and future threats to the Bi-State DPS and
its habitat. We recently received State and Federal agency letters
(available on the Internet at http://www.regulations.gov at Docket No.
FWS-R8-ES-2013-0072) that document commitments for the necessary
funding and staff required to implement conservation actions in the Bi-
State Action Plan. We note that the necessary regulatory mechanisms to
implement these conservation efforts are currently in place; in some
cases, associated management plans are being revised to ensure the
conservation efforts are successfully implemented to address threats
that may be acting on the DPS or its habitat. As part of our final
listing determination, we will examine the various conservation efforts
that are currently in progress and anticipated in the future throughout
the range of the bi-State DPS. We will evaluate existing regulatory
mechanisms (and associated management plans) and volunteer efforts for
their biologically meaningful contribution to the conservation of the
bi-State DPS and its habitat.
Information Requested
We will accept written comments and information during this
reopened comment period on our proposed listing (and special 4(d) rule)
for the bi-State DPS that published in the Federal Register on October
28, 2013 (78 FR 64358). We will consider information and
recommendations from all interested parties. We intend that any final
action resulting from the proposal be as accurate as possible and based
on the best available scientific and commercial data.
We are particularly interested in new information and comments
regarding:
(1) New population trend information and analysis (currently
available on the Internet at http://www.regulations.gov at Docket No.
FWS-R8-ES-2013-0072).
(2) Whether there is scientific information in addition to that
considered in our proposed rule and the new population trends data
currently available as supporting information (on the Internet at
http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0072) that may
be useful in our analysis.
(3) The scope of the proposed 4(d) rule.
(4) Consideration of the various conservation commitments (as
outlined in the State and Federal agency letters available on the
internet at http://www.regulations.gov, Docket No. FWS-R8-ES-2013-
0072), which are consistent with the Bi-State Action Plan.
If you submitted comments or information on the proposed rule (78
FR 64358) during the initial comment period from October 28, 2013, to
February 10, 2014, or the subsequent comment period from April 8, 2014,
to June 9, 2014, please do not resubmit them. We have incorporated them
into the public record, and we will consider them in the preparation of
our final determination. Our final determination concerning the listing
and special rule will take into consideration all written comments and
any additional information we receive.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed listing and special
rule will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0072, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Nevada Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). You may obtain copies of the proposed rule on the
Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-
0072, or at the U.S. Fish and Wildlife Service, Nevada Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 17, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-18180 Filed 8-4-14; 8:45 am]
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